Terms & Conditions
In these terms and conditions the term “company” means Simplegrow Properties (Pty) Ltd. trading as Ocean Sailing Academy, its Instructors or any sub-contracted person. The term “the client” shall mean each person in whose name the booking is made.
- The company will exclusively decide how any course is run and when the course will commence and whether or not the course will go out onto the water.
- Clients that are provided with equipment are responsible for the return of such equipment in the same condition in which it was received and without any damage thereof at the end of each day. If a client should be provided with equipment that is not in good working order it will be the obligation of the client to point this out to the company and to refuse to accept such equipment. Damage to any item beyond normal wear and tear may render the client liable to either pay for the replaced item in full or to pay an amount to the company as compensation (as determined by the company).
- Course enrolment does not mean that the client will automatically qualify for the appropriate certificate. Clients will be trained and debriefed to ensure that they will have the opportunity to achieve their potential on the course, but this may not mean that clients will receive any RYA certificate.
- All other courses, charter, delivery or bespoke training: a 50% deposit is required. Any outstanding balances must be paid 28 days prior to the commencement of the course; otherwise the company reserves the right to resell the place on the course. No refund will be made unless the company has received at least 28 days’ notice of cancellation of the course by the client or the company cancels the course.
- A client’s place on a course is only secured when the company has received a duly completed booking form and full payment for the course.
- Please pay by EFT or Credit / Debit card payable to ‘Simplegrow Properties’.
- Payment is to be free of bank charges in South African Rand.
- Subject to clause 9, no refund will be made unless the company has received at least 28 days notice of cancellation of the course by the client or the company cancels the course.
- In the event of cancellation by the client prior to the final balance being due (28 days prior to date of commencement of the course), only the deposit is forfeited.
- In the event that the client’s place can be “resold”, the client’s liability is limited to the administration charge of 10% of the full course fee.
- If notice of cancellation is received by the company after the date of final payment (28 days prior to date of commencement of the course), the client is liable to pay the outstanding balance, should the company be unable to re-sell the client’s place. The company reserves the right to transfer the reservation to an acceptable alternative date.
- The company reserves the right to cancel a course should the number of reservations for that course fail to reach a viable minimum number. A transfer to another course or a full refund of course fees will be made. Therefore, the purchase of a flexible flight is advisable.
- In the event of the company cancelling a delivery, charter or course, the company shall be liable only for a refund of fees paid by the client. No responsibility whatsoever will be accepted by the company for a client’s costs or expenses incurred in respect of travel, accommodation, airfares or any other costs.
- The company shall not accept and shall not be liable at any time for any claims for loss or damage or any expenses incurred by clients that is caused by circumstances beyond the company’s control including sickness, accident, travel delays, vessel breakdown, weather, strikes, war or civil unrest.
- The company is insured, however it is strongly recommended that the client take out their own insurance against damage or loss of personal effects, death or personal injury.
- The client acknowledges that there are inherent dangers involved in all sports, especially Sailing, Powerboating / Motorcruising, and the client understands and agrees to sign the booking form, thereby indemnifying and holding the company, its servants, agents, employees and sub-contracted persons free of any liability in the event of an accident, death, injury or damage to person or property.
- Each client will have to sign that they have read and understood Ocean Sailing Academy’s House Rules at Ocean House.
- Should a client not comply with the company’s House Rules, the company reserves the right to remove the client from the premises and the course, without a refund.
Own boat tuition or delivery:
- Tuition / Delivery is provided on the following basis:
The client and owner of the vessel which will be used during the course are jointly liable for loss, damage and any legal liability to third parties that may result during the duration of the course and are responsible for obtaining the necessary insurance. If the vessel is on delivery the client and owner authorizes the company to skipper the craft. The client and owner undertake to secure the consent of his/her insurers to this agreement
Own boat tuition will only be undertaken on a vessel that is owned by one of the people attending the course. The owner of the vessel remains the skipper and is legally responsible for the safe management of the vessel at all times (including when under tuition) and does not hold the company responsible for any liability for loss, damage, death or personal injury.
The vessel must be in seaworthy condition (to the satisfaction of the company) for the course / delivery. In the event that the course / delivery cannot be completed in the time booked, the company will charge the client for any additional time required.
The price and number of days quoted for each course or delivery is based on the assumption of fair weather and no mechanical failure. Should a course or delivery be delayed for either of these stated reasons the usual daily rate will be payable by the client and any additional days will be charged to the client at that daily rate.
- Any client that makes an enquiry with the company, or buys any goods or services from the company, agrees that the company may hold such client’s information on electronic and/or paper file and that the company may contact such client with future offers, news and product information. The client may at any time inform the company by email or in writing that he/she no longer wishes to hear from the company. The company will never share clients’ details with anyone else, except the RYA or SAS for all centrally held records (unless required to do so by law).
- No alteration, addition to or variation, cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.
(Payable by the client during course only)
- R200 (cash) for a security disc to walk on moorings (fully refunded on return of disc)
- MCA/Eng 1 Medical Examination – (approximately R320) – This examination is only necessary if the client needs a RYA qualification commercially endorsed i.e. for working in the industry
- Passport photos x 2/exam
- Accommodation during STCW’95 Ashanti (Backpackers) Tel: 27 21 423 8721 or Email: firstname.lastname@example.org (R160/night for dorm) 11 Hof Street, Gardens, Cape Town 8001
RYA Certification Fees (where applicable): RYA Exam Fees are directly deducted by the RYA and credit card details must accompany the Exam Application Form given to you by the Academy prior to the exam
- Competent Crew (no fee)
- Day Skipper (no fee)
- Coastal Skipper (₤200)
- Yachtmaster Offshore (£231)
- Yachtmaster Ocean (£173)
- Commercial Endorsement (₤71 – online RYA self study course with 2 one hour exams)
- Partial Re-exam ₤100
- RYA VHF exam/certificate – £60
- Power Conversion – £126
NB: Please note that each client must have his/her eyes tested for colour blindness prior to making the booking for a course if a client suspects that he/she may be colour blind. Clients must take note that licences cannot be commercially endorsed if the holder of the licence is colour blind. This means that the holder of a licence will be able to work aboard a vessel but will not be permitted to captain/skipper a boat.
For Coastal Skipper and Yachtmaster Exam Candidates the following are required for the exam:
- Completed RYA Examination Application Form (issued by Academy)
- Passport photographs x 2
- Copies of VHF radio license
- First Aid certificate (any approved first aid certificate acceptable e.g. STCW ’95 or St. John’s certificate)
- STCW ’95 certificates in CSA, fire fighting, first aid and PSSR (sea rescue) and MCA Seafarers Medical Certificates for commercial endorsement
- Credit card details
- Log book with qualifying passages, total miles including compulsory tidal miles and night hours (within last 10 years) – books available from Academy
You will be requested to confirm that the above details have not changed on arrival for training.
The client by his / her signature hereto acknowledges and confirms that he / she has read and understood and shall be bound by these terms and conditions.
Signed at on this day of 20 .